CHAPTER 58. IRRIGATION DISTRICTS
WATER CODE
TITLE 4. GENERAL LAW DISTRICTS
CHAPTER 58. IRRIGATION DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 58.001. DEFINITIONS. In this chapter:
(1) "District" means an irrigation district.
(2) "Board" means the board of directors of a district.
(3) "Director" means a member of the board of directors of a
district.
(4) "Commissioners court" means the commissioners court of the
county in which a district or part of a district is located.
(5) "Commission" means the Texas Natural Resource Conservation
Commission.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977. Amended by Acts 1981, 67th Leg., p. 984, ch. 367,
Sec. 40, eff. June 10, 1981; Acts 1991, 72nd Leg., 1st C.S., ch.
3, Sec. 1.080, eff. Aug. 12, 1991.
SUBCHAPTER B. CREATION OF DISTRICT; CONVERSION OF DISTRICT
Sec. 58.011. CREATION OF DISTRICT. An irrigation district may
be created under and subject to the authority, conditions, and
restrictions of either Article III, Section 52, of the Texas
Constitution, or Article XVI, Section 59, of the Texas
Constitution.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.012. COMPOSITION OF DISTRICT. (a) A district may
include all or part of one or more counties, including any town,
village, or municipal corporation, and may include any other
political subdivision of the state or any defined district,
providing the land contained therein is agricultural in
character.
(b) The areas composing a district do not have to be contiguous
but may consist of separate bodies of land separated by land not
included in the district; however, each segregated area, before
it may be included in the district, must cast a majority vote in
favor of the creation of the district.
(c) No district may include territory located in more than one
county except by a majority vote of the electors residing within
the territory in each county sought to be included in the
district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.013. PETITION. (a) A petition requesting creation of a
district shall be signed by a majority of the persons who hold
title to land in the proposed district which represents a total
value of more than 50 percent of the value of all the land in the
proposed district as indicated by the county tax rolls. If there
are more than 50 persons holding title to land in the proposed
district, the petition is sufficient if signed by 50 of them.
(b) The petition may be signed and filed in two or more copies.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.014. CONTENTS OF PETITION. The petition shall include:
(1) the name of the district;
(2) the area and boundaries of the district;
(3) the provision of the Texas Constitution under which the
district is to be organized;
(4) the purpose or purposes of the district;
(5) a statement of the general nature of the work to be done and
the necessity and feasibility of the project, with reasonable
detail and definiteness to assist the court or commission passing
on the petition in understanding the purpose, utility,
feasibility, and need; and
(6) a statement of the estimated cost of the project based on
the information available to the person filing the petition at
the time of filing.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.015. PLACE OF FILING; RECORDING. (a) The petition
shall be filed in the office of the county clerk of the county in
which the district is located. If land in more than one county is
included in the district, copies of the petition certified by the
clerk shall be filed in the office of the county clerk of each
county in which a portion of the district is located.
(b) The petition shall be recorded in a book kept for that
purpose in the office of the county clerk.
(c) If more than one petition is filed and the petitions are
identical except for the signature, one copy of the petition
shall be recorded and all signatures on the other petitions shall
be included.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.016. BOARD OR COMMISSION TO CONSIDER CREATION OF
DISTRICT. If the land to be included in a district is within one
county, the creation of the district shall be considered and
ordered by the commissioners court, but if the land to be
included in a district is in two or more counties, the creation
of the district shall be considered and ordered by the
commission.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.017. SINGLE-COUNTY DISTRICT; HEARING. (a) If a
petition is filed for the creation of a district within one
county, the county judge shall issue an order setting the date of
hearing on the petition by the commissioners court and shall
endorse the order on the petition or on a paper attached to the
petition.
(b) After the order is issued, the county clerk shall issue
notice of the hearing.
(c) The petition may be considered at a regular or special
session of the court.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.018. SINGLE-COUNTY DISTRICT; NOTICE OF HEARING. (a)
The notice of hearing on the petition shall include a statement
of the nature and purpose of the district and the date, time, and
place of hearing.
(b) The notice shall be prepared with one original and three
copies. The county clerk shall retain one copy of the notice in
his files and deliver the original and two copies to the county
sheriff.
(c) The sheriff shall post one copy of the notice at the
courthouse door 15 days before the day of the hearing and shall
publish one copy in a newspaper of general circulation in the
county once a week for two consecutive weeks. The first newspaper
publication shall be made at least 20 days before the day of the
hearing.
(d) Before the hearing, the sheriff shall make due return of
service of the notice with copy and affidavit of publication
attached to the original.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.019. SINGLE-COUNTY DISTRICT; NAME. (a) A district
located in one county may be named the ________ County Irrigation
District Number ________ (insert the name of the county and
proper consecutive number).
(b) A district may be known and designated by any term
descriptive of the location of the district and descriptive of
the principal powers to be exercised by the district; however,
the word "district" shall be included in the designation and a
consecutive number shall be assigned to it if other districts of
the same name have been created in the county.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.020. SINGLE-COUNTY DISTRICT; TESTIMONY AT HEARING. (a)
At the hearing on the petition, any person whose land is included
in or would be affected by the creation of the district may
appear and contest the creation of the district and may offer
testimony to show that the district:
(1) is or is not necessary;
(2) would or would not be a public utility or benefit to land in
the district; and
(3) would or would not be feasible or practicable.
(b) The hearing may be adjourned from day to day.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.021. SINGLE-COUNTY DISTRICT; GRANTING OR REFUSING
PETITION. (a) The commissioners court or the commission shall
grant the petition requesting the creation of a district if it
appears at the hearing that:
(1) organization of the district as requested is feasible and
practicable;
(2) the land to be included and the residents of the proposed
district will be benefited by the creation of the district;
(3) there is a public necessity or need for the district; and
(4) the creation of the district would further the public
welfare.
(b) If the commissioners court or the commission fails to make
the findings required by Subsection (a) of this section, it shall
refuse to grant the petition.
(c) If the commissioners court or the commission finds that any
of the land sought to be included in the proposed district will
not be benefited by inclusion in the district, it may exclude
that land not to be benefited and shall redefine the boundaries
of the proposed district to include only the land that will
receive benefits from the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.022. SINGLE-COUNTY DISTRICT; APPEAL FROM ORDER OF
COMMISSIONERS COURT. (a) If the commissioners court grants or
refuses to grant the petition, any person who signed the petition
or any person who appears and protests the petition and offers
testimony against the creation of the district may appeal from
the order of the court by giving notice of appeal in open court
at the time of the entry of the order, which shall be entered on
the court's docket, and by filing with the clerk of the
commissioners court within five days a good and sufficient appeal
bond in the amount of $2,500.
(b) The appeal bond shall be approved by the clerk of the
commissioners court payable to the county judge conditioned for
the prosecution of the appeal with effect and the payment of all
costs incurred with the appeal in the event the final decree of
the court is against the appellant.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.023. SINGLE-COUNTY DISTRICT: RECORD ON APPEAL; NOTICE OF
APPEAL. (a) On completion of an appeal as provided in Section
58.022 of this code, the clerk of the commissioners court shall,
within 10 days, prepare a certified transcript of all orders
entered by the commissioners court and transmit them with all
original documents, processes, and returns on processes to the
clerk of the district court to which the appeal is taken.
(b) All persons shall be charged with notice of the appeal
without notice or service of notice. No person who fails to
appear by petition, in person, or by attorney in the
commissioners court may be permitted to intervene in the district
court trial.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.024. SINGLE-COUNTY DISTRICT: HEARING IN DISTRICT COURT;
PROCEDURE. (a) The district court, either in term time or in
vacation time, shall schedule the appeal for hearing with all
reasonable dispatch.
(b) In the proceeding in the district court, formal pleadings
shall not be required but, with the court's permission, may be
filed.
(c) The trial and decision shall be by the court without the
intervention of a jury, and the hearing shall be conducted as
though the jurisdiction of the district court were original
jurisdiction.
(d) The following matters may be contested in the district
court:
(1) all matters that were or might have been presented in the
commissioners court;
(2) the validity of the Act under which the district is proposed
to be created; and
(3) the regularity of all previous proceedings.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977. Amended by Acts 1981, 67th Leg., p. 2646, ch. 707,
Sec. 4(47), eff. Aug. 31, 1981.
Sec. 58.025. SINGLE-COUNTY DISTRICT: JUDGMENT OF DISTRICT COURT;
APPEAL. (a) In the appeal, the district court shall apply to
the determination its full powers to the end that substantial
justice may be done.
(b) An appeal from the judgment of the district court may be
taken as in other civil causes, but appeals filed under Section
58.022 of this code shall be given precedence on the docket of
any higher court over all causes that are not of similar public
concern.
(c) The final judgment of the district court, or other court to
which an appeal may be prosecuted, shall be certified and
transmitted to the clerk of the commissioners court with all
original documents and processes which were transmitted from the
commissioners court to the district court on appeal.
(d) The commissioners court shall enter its order on the
petition to conform to the decree entered by the court of final
jurisdiction and shall enter other and further orders as may be
required by law to execute the intent of the certified decree.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.026. SINGLE-COUNTY DISTRICT: APPOINTMENT OF DIRECTORS;
BOND. (a) If the commissioners court grants a petition for
creation of a district, it shall appoint five directors who shall
serve until their successors are elected or appointed in
accordance with law.
(b) Each director shall, within 15 days after appointment, file
his official bond in the office of the county clerk, and the
county clerk shall present the bond to the county judge for
approval. The county judge shall pass on the bond and approve it,
if it is proper and sufficient, or disapprove it and shall
endorse his action on the bond and return it to the county clerk.
(c) If approved, the bond of a director shall be recorded in a
record kept for that purpose in the office of the county clerk,
but if a bond is not approved, a new bond may be furnished within
10 days after disapproval.
(d) If any director appointed under this section fails to
qualify, the commissioners court shall appoint another person to
replace him.
(e) Each director appointed under this section shall take the
oath of office as provided by Section 58.077 of this code.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.027. MULTICOUNTY DISTRICT: CONSIDERATION BY COMMISSION.
(a) The commission shall have exclusive jurisdiction and power
to consider and determine all petitions for creation of a
district that will include land or property located in two or
more counties.
(b) The orders of the commission concerning the organization of
a district shall be final, unless an appeal is taken from the
orders as provided in this subchapter.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977. Amended by Acts 1997, 75th Leg., ch. 1070, Sec.
36, eff. Sept. 1, 1997.
Sec. 58.028. MULTICOUNTY DISTRICT: NOTICE AND HEARING ON
DISTRICT CREATION. When a petition is filed, the commission
shall give notice of an application in the manner provided in
Section 49.011 and may conduct a hearing on the application if
the commission determines that a hearing is necessary under that
section.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977. Amended by Acts 1997, 75th Leg., ch. 1070, Sec.
37, eff. Sept. 1, 1997.
Sec. 58.030. MULTICOUNTY DISTRICT: CONSIDERATION BY COMMISSION;
PROCEDURE. (a) The commission shall consider and determine on
the issues a petition filed under Section 58.028.
(b) The commission shall be governed by the provisions of
Section 58.021.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977. Amended by Acts 1997, 75th Leg., ch. 1070, Sec.
38, eff. Sept. 1, 1997.
Sec. 58.031. MULTICOUNTY DISTRICT: APPEAL FROM COMMISSION
DECISION. (a) When the commission grants or refuses a petition,
any person who comes within the requirements specified in
Sections 58.020-58.025 of this code may prosecute an appeal from
the judgment of the commission under Sections 58.022-58.025 of
this code.
(b) The appeal may be taken to any district court in any county
in which part of the proposed district is located or to a
district court in Travis County.
(c) The time within which an appeal bond may be approved and
filed is 15 days after the entry of the final order by the
commission.
(d) On the perfection of the appeal, the appellant shall pay the
actual cost of the transcript of the record, which will be
assessed as part of the costs incurred on the appeal.
(e) Whenever practicable, the original documents and processes
with the returns attached shall be sent to the district court.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.032. MULTICOUNTY DISTRICT: APPOINTMENT OF DIRECTORS BY
COMMISSION; BOND. (a) If the commission grants the petition for
creation of the district, it shall appoint five directors, who
shall serve until their successors are elected or appointed.
(b) A certified copy of the order of the commission granting a
petition and naming the directors shall be filed in the office of
the county clerk of each county in which a portion of the
district is located.
(c) Each director named in the order shall, within 15 days after
appointment, file his official bond in the office of the county
clerk of the county of his residence. The county clerk shall
present the bond to the county judge for approval.
(d) The county judge shall act on each bond in the manner
provided in Section 58.026 of this code.
(e) If any director appointed under this section fails to
qualify, the commissioners court of the county in which he lives
shall appoint some qualified person to replace him.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.035. INCLUSION OF CITY, TOWN, OR MUNICIPAL CORPORATION
IN DISTRICT. (a) No city, town, or municipal corporation may be
included within any district created under this chapter unless
the proposition for the creation of the district has been adopted
by a majority of the electors in the city, town, or municipal
corporation.
(b) Any municipal corporation included within a district shall
be a separate voting district, and the ballots cast within the
municipal corporation shall be counted and canvassed separately
from the remainder of the district.
(c) No district that includes a city, town, or municipal
corporation may include land outside of the municipal corporation
unless the election to confirm and ratify the creation of the
district favors the creation of the district independent of the
vote within the municipal corporation.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.036. CONFIRMATION ELECTION IN DISTRICT INCLUDING LAND IN
MORE THAN ONE COUNTY. No district, the major portion of which is
located in one county, may be organized to include land in
another county unless the election held in the other county to
confirm and ratify the creation of the district is adopted by
those voting in the other county.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.037. EXCLUSION OF PARTS OF DISTRICT; DISSOLUTION. (a)
If any portion of a district governed by Sections 58.035 and
58.036 of this code votes against the creation of the district
and the remainder of the district votes for the creation, the
district is confirmed and ratified in those portions of the
district voting for the creation, and the district is composed
only of those portions.
(b) The excluded portions of the district shall be excluded from
all debts and obligations incurred after the election; however,
all land and property included in the original district shall be
subject to the payment of taxes for the payment of all debts and
obligations, including organizational expenses, incurred while it
was a part of the district.
(c) If a district is created and portions of the proposed
district are excluded by the vote in those portions, 10 percent
of the voters in the district may file with the Board a petition
asking for a new election on the issue. A new election shall be
ordered and held for the remaining portion of the district or the
district organization may be dissolved by order of the board and
a new district formed.
(d) A petition requesting a new election shall be filed within
30 days after the day on which the result of the election is
canvassed and declared by the board.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.038. CONVERSION OF CERTAIN DISTRICTS INTO DISTRICTS
OPERATING UNDER THIS CHAPTER. (a) Any water improvement
district or water control and improvement district which
furnishes water for irrigation and does not furnish treated water
or sewer services may be converted into a district operating
under this chapter.
(b) The governing body of a district which desires to convert
into a district operating under this chapter shall adopt and
enter in the minutes of the governing body a resolution declaring
that, in its judgment, conversion into an irrigation district
operating under this chapter and under Article XVI, Section 59,
of the Texas Constitution, would serve the best interest of the
district and would be a benefit to the land and property included
in the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.039. CONVERSION OF DISTRICT; NOTICE. (a) Notice of the
adoption of a resolution under Section 58.038 of this code shall
be given by publishing the resolution in a newspaper with general
circulation in the county or counties in which the district is
located.
(b) The notice shall be published once a week for two
consecutive weeks with the first publication not less than 14
full days before the time set for a hearing.
(c) The notice shall:
(1) state the time and place of the hearing;
(2) set out the resolution in full; and
(3) notify all interested persons to appear and offer testimony
for or against the proposal contained in the resolution.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.040. CONVERSION OF DISTRICT; FINDINGS. (a) If, on a
hearing, the governing body of the district finds that conversion
of the district into one operating under this chapter would serve
the best interest of the district and would be a benefit to the
land and property included in the district, it shall enter an
order making this finding and the district shall become a
district operating under this chapter.
(b) If the governing body finds that the conversion of the
district would not serve the best interest of the district and
would not be a benefit to the land and property included in the
district, it shall enter an order against conversion of the
district into one operating under this chapter.
(c) The findings of the governing body of a district entered
under this section are final and not subject to appeal or review.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.041. EFFECT OF CONVERSION. A district that converts
into a district operating under this chapter shall:
(1) be constituted an irrigation district operating under and
governed by this chapter;
(2) be a conservation and reclamation district under the
provisions of Article XVI, Section 59, of the Texas Constitution;
and
(3) have and may exercise all the powers, authority, functions,
and privileges provided in this chapter in the same manner and to
the same extent as if the district had been created under this
chapter.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.042. RESERVATION OF CERTAIN POWERS FOR CONVERTED
DISTRICTS. (a) Any water improvement district or water control
and improvement district, after conversion under Section 58.038
of this code, may continue to exercise all necessary specific
powers under any specific conditions provided by the chapter of
this code under which the district was operating before
conversion, except that no district, after conversion, may engage
in the treatment or delivery of treated water for domestic
consumption or the construction, maintenance, or operation of
sewage facilities.
(b) At the time of making the order of conversion, the governing
body shall specify in the order the specific provisions of the
chapter of the code under which the district had been operating
which are to be preserved and made applicable to the operations
of the district after conversion into a district operating under
this chapter.
(c) A reservation of a former power under Subsection (a) of this
section may be made only if this chapter does not make specific
provision concerning a matter necessary to the effectual
operation of the converted district.
(d) In all cases in which this chapter does make specific
provision, this chapter shall, after conversion, control the
operations and procedure of the converted district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
Sec. 58.071. BOARD OF DIRECTORS. The governing body of a
district is the board of directors, which shall consist of five
directors.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.072. QUALIFICATIONS. To be qualified for election as a
director, a person must be a resident of the state, be the owner
of record of fee simple title to land in the district, be at
least 18 years of age, and owe no delinquent taxes or assessments
to the district. Section 49.052 does not apply to a district
governed by this chapter.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977. Amended by Acts 1995, 74th Leg., ch. 715, Sec. 32,
eff. Sept. 1, 1995.
Sec. 58.0731. ELECTION OF DIRECTORS FROM PRECINCTS. A district
that elected one director from each of five precincts before it
converted to a district operating under this chapter shall
continue to elect its directors in the same manner from
precincts.
Added by Acts 1979, 66th Leg., p. 70, ch. 44, Sec. 1, eff. April
11, 1979.
Sec. 58.084. DISTRICT TAX ASSESSOR AND COLLECTOR. The board may
appoint one person to the office of tax assessor and collector,
or it may order an election to fill that office.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.089. BONDS OF OFFICERS OF A DISTRICT ACTING AS FISCAL
AGENT OR COLLECTING MONEY FOR THE UNITED STATES. (a) If a
district is appointed fiscal agent for the United States or if a
district is authorized to make collections of money for the
United States in connection with a federal reclamation project,
each director and officer of the district including the tax
assessor and collector shall execute an additional bond in the
amount required by the Secretary of the Interior, conditioned on
the faithful discharge of his respective office and on the
faithful discharge by the district of its duties as fiscal or
other agent of the United States under its appointment or
authorization.
(b) The additional bonds shall be approved, recorded, and filed
as provided in this chapter for other official bonds.
(c) Suit may be brought on the bonds by the United States or any
person injured by the failure of the officers or directors of the
district to fully, promptly, and completely perform their
respective duties.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 58.121. PURPOSES OF DISTRICT. (a) Irrigation districts
operating under this chapter are limited purpose districts
established primarily to deliver untreated water for irrigation
and to provide for the drainage of lands and such other functions
as are incidental to the accomplishment of such limited purposes.
An irrigation district shall not engage in the treatment or
delivery of treated water for domestic consumption or the
construction, maintenance, or operation of sewage facilities or
provide any other similar municipal services. An irrigation
district may cooperate with the United States under the federal
reclamation laws for the purpose of:
(1) construction of irrigation and drainage facilities necessary
to maintain the irrigability of the land;
(2) purchase, extension, operation, or maintenance of
constructed facilities; or
(3) assumption, as principal or guarantor of indebtedness to the
United States on account of district lands.
(b) An irrigation district operating under this chapter may
contract with municipalities, political subdivisions, water
supply corporations, or water users for the delivery of untreated
water.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.122. POWERS OF DISTRICT. The district has the
functions, powers, authority, rights, and duties which will
permit the accomplishment of the purposes for which it was
created, including the investigation and, in case a plan for
improvements is adopted, the construction, maintenance, and
operation of necessary improvements, plants, works, and
facilities, and the acquisition of water rights and all other
properties, land, tenements, materials, borrow and waste ground,
easements, rights-of-way, and everything considered necessary,
incident, or helpful to accomplish by any practicable mechanical
means any one or more of the objects authorized for the district,
subject only to the restrictions imposed by the Constitutions of
Texas or the United States. A district also may acquire property
deemed necessary for the extension or enlargement of the plant,
works, improvements, or service of the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.125. CONSTRUCTION OF IMPROVEMENTS. A district may
construct all works and improvements necessary:
(1) for the irrigation of land in the district;
(2) for the drainage of land in the district, including drainage
ditches or other facilities for drainage; and
(3) for the construction of levees to protect the land in the
district from overflow.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.126. PURCHASE OF MACHINERY AND SUPPLIES. The board may
purchase machinery, materials, and supplies needed in the
construction, operation, maintenance, and repair of district
improvements.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.127. ADOPTING RULES. A district may adopt and make
known reasonable rules to:
(1) prevent waste or the unauthorized use of water; and
(2) regulate residence, hunting, fishing, boating, and camping,
and all recreational and business privileges on any body or
stream of water, or any body of land, or any easement owned or
controlled by the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.128. EFFECT OF RULES. After the required publication,
rules adopted by the district under Section 58.127 of this code
shall be recognized by the courts as if they were penal
ordinances of a city.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.129. PUBLICATION OF RULES. (a) The board shall publish
once a week for two consecutive weeks a substantive statement of
the rules and the penalty for their violation in one or more
newspapers with general circulation in the area in which the
property of the district is located.
(b) The substantive statement shall be as condensed as is
possible to intelligently explain the purpose to be accomplished
or the act forbidden by the rule.
(c) The notice must advise that breach of the rules will subject
the violator to a penalty and that the full text of the rules is
on file with the principal office of the district where it may be
read by any interested person.
(d) Any number of rules may be included in one notice.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.130. EFFECTIVE DATE OF RULES. The penalty for violation
of a rule is not effective and enforceable until five days after
the publication of the notice. Five days after the publication,
the published rules shall be in effect and ignorance of it is not
a defense for a prosecution for the enforcement of the penalty.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.133. CONSTRUCTING BRIDGES AND CULVERTS ACROSS AND OVER
COUNTY AND PUBLIC ROADS. The district shall build necessary
bridges and culverts across and over district canals, laterals,
and ditches which cross county or public roads. Funds of the
district shall be used to construct the bridges and culverts.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.134. CONSTRUCTING CULVERTS AND BRIDGES ACROSS AND UNDER
RAILROAD TRACKS, ROADWAYS, AND INTERURBAN OR STREET RAILWAYS.
(a) The district, at its own expense, may build necessary
bridges and culverts across or under any railroad tracks or
roadways of any railroad or any interurban or street railway to
enable the district to construct and maintain any canal, lateral,
ditch, or other improvement of the district.
(b) Before the district builds a bridge or culvert, the board
shall deliver written notice to the local agent, superintendent,
roadmaster, or owner. The railroad company or its owner shall
have 60 days in which to build the bridge at its own expense and
according to its own plans.
(c) The canal, culvert, ditch, or structure shall be constructed
of sufficient size and proper plan to serve the purpose for which
it is intended.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.136. POWER TO CONTRACT. The district may enter into a
contract for the use by another of its water, facilities, or
service, either inside or outside the district, except that a
contract may not be made which impairs the ability of the
district to serve lawful demands for service within the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.137. INVESTIGATION AND REPORT OF ENGINEER. (a) The
district engineer shall make a thorough study and investigation
of all plans of the district and make and file in the district
office a report on all plans for construction of plants and
improvements.
(b) The board shall provide and keep a book in the district
office, to be known as the "Engineer's Record," in which all
reports and recommendations made by the district engineer shall
be recorded. The "Engineer's Record" shall be open to public
inspection.
(c) A contract for more than $20,000 may not be made by the
district unless the district has a district engineer who has made
a proper study and report on it.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.150. TRANSACTIONS IN DISTRICT NAMES UNDER JOINT
OWNERSHIP AND CONSTRUCTION CONTRACT. All bids, bonds, contracts,
and other transactions made under a joint ownership and
construction contract may be made in the names of the districts
which are parties to the contract.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.153. CONTRACT WITH THE UNITED STATES. (a) The board
may enter into a contract or other obligation with the United
States for the investigation, construction, extension, operation,
and maintenance of any federal reclamation project of benefit to
the district and authorized under the National Reclamation Act of
1902, as amended.
(b) The board may contract to secure a district water supply
from the federal reclamation project and to pay to the United
States the agreed cost of it in the form of construction charges,
operation and maintenance charges, and water rental charges, as
shown by the contract and in accordance with the terms and
conditions of the national reclamation law.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.154. CONSTRUCTION CHARGES UNDER A CONTRACT WITH THE
UNITED STATES. The construction charges under a contract with
the United States may include the cost of drainage and
flood-control works necessary to control floods or to maintain
the irrigability of district land.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.155. ELECTION TO APPROVE A CONTRACT WITH THE UNITED
STATES. (a) The electors of the district shall vote to approve
every contract involving the payment of construction charges to
the United States. The provisions of this chapter relating to the
election to approve the validation of district bonds shall be
followed, including the prosecution of an action in court to
determine the validity of the contract.
(b) The notice of election shall state the maximum amount,
exclusive of operation and maintenance charges, water rental
charges, interest, and penalties, payable by the district to the
United States under the contract.
(c) The ballot shall be printed to provide for voting for or
against the proposition: "The contract with the United States and
levy of taxes to make payments under the contract". This is the
only proposition that may appear on the ballot.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.156. CONVEYING PROPERTY TO THE UNITED STATES. A
district may convey any property to the United States necessary
for the construction, operation, or maintenance of federal
reclamation works used or to be used for the benefit of the
district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.157. CONSENT OF UNITED STATES TO ALTER DISTRICT'S
BOUNDARIES. Until all money has been paid by the district which
is due to the United States under a contract relating to a
federal reclamation project, the United States must consent to
any change in the boundaries of the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.158. TAXES LEVIED BY DISTRICT UNDER CONTRACT WITH THE
UNITED STATES. (a) A district that enters into a contract with
the United States shall levy annually sufficient taxes to provide
payment of all installments required by the contract.
(b) The board may pay construction charges when provided by
contract on the basis of the average gross annual acre income of
the land of the district or designated divisions or subdivisions
of the district. The Secretary of the Interior shall determine
the annual gross acre income.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.159. ASSESSMENTS FOR CONTRACTS WITH THE UNITED STATES.
The board shall levy annually sufficient assessments to collect
the money required to pay all of the district's obligations in
full when due regardless of any delinquency in payment of
assessments by any tract of land. If collections in any year are
insufficient to pay the obligations of the district, the levy
shall be increased sufficiently the following year to cover the
deficit.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.160. DURATION OF ANNUAL LEVIES FOR CONTRACTS WITH THE
UNITED STATES. The board shall continue annual levies for
payment of construction charges each year against each tract of
land in the district even though construction charges apportioned
against other tracts of land in the district may be paid sooner
or later.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.161. SUPERIORITY OF LIEN TO SECURE CONTRACT WITH THE
UNITED STATES. The lien against district land created by a
contract with the United States shall be superior to the lien
created by any district bonds approved subsequent to the date of
the contract with the United States.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.162. DISTRICT'S AUTHORITY TO SOLICIT COOPERATION,
DONATIONS, AND CONTRIBUTIONS FROM OTHER AGENCIES. A district
organized under the provisions of this chapter may solicit
cooperation, donations and contributions from:
(1) the United States, the state or nation;
(2) any county, municipality, water improvement district, water
control and improvement district, drainage district, or any other
political subdivision of the state; or
(3) any person, copartnership, corporation, or association.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.163. EXPENSE OF PROCURING COOPERATION AND CONTRIBUTIONS
FROM OTHER AGENCIES. A district may incur reasonable expense to
procure cooperation under Section 58.162 of this code in adding
to the area of the district or with contributions to the cost of
improvements made by the district. The contributions may be
either a percentage of cost or a definite annual sum.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.164. AUTHORITY OF CONTRIBUTOR. (a) Any water
improvement district, water control and improvement district,
levee improvement district, irrigation district, county, city,
town, or other political subdivision of the state may contract to
contribute to the cost of the construction of drainage and
irrigation water distribution system improvements. The
improvements to be constructed may be outside the contributing
district, municipality, or other political subdivision of the
state, and may be located outside the state or the United States.
(b) The works may be constructed by any agency.
(c) The contribution shall be proportionate to the benefit which
the contributor will derive from the proposed improvements.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.165. ISSUANCE OF BONDS BY CONTRIBUTOR. (a) The
contract may provide for the issuance of bonds by the contributor
and for direct payment from the proceeds of the bonds to
contractors on the estimates of the engineer for the contributor.
(b) Before issuing bonds, a contributing political subdivision
shall submit the contract for contribution to its electors for
approval and for authority to issue the bonds, fix a lien to
secure the bonds, and levy, assess, and collect taxes to retire
the bonds. The procedure by a contributing political subdivision
of the state shall conform to the applicable law under which the
political subdivision was organized and authorized to create
bonded indebtedness.
(c) The disposition of the proceeds of the bond shall conform to
the approved contract of contribution.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.166. ANNUAL TAX BY CONTRIBUTOR. (a) The contract for
contribution may provide that instead of issuing bonds the
contributor may levy, assess, and collect an annual tax in a
specific sum. The levy or assessment is a lien on the property
subject to the contributor's taxing power.
(b) The contributor shall collect the tax at its own expense and
pay it annually to the district to which the contribution is to
be made. The district shall hold the annual payment as a trust
fund and annually apply it to the bonds issued by it to provide
funds for the construction of the improvements to which the
contribution is made.
(c) The contributor shall submit the contract of contribution to
its electors for approval and for authority to levy and assess a
sufficient tax to meet the annual payments fixed in the contract.
The election for the approval of the contract and the authorized
taxes for the fulfillment of the contract shall conform to
appropriate law under which the contributing political
subdivision was organized and authorized to create bonded
indebtedness.
(d) Payment of the annual sums of contribution shall conform to
the contract of contribution.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.167. CONTRIBUTIONS FROM UNAPPROPRIATED OR AVAILABLE
FUNDS OF CONTRIBUTOR. (a) If the proposed contributor has an
unappropriated fund or a fund which is not required for actual
use even though otherwise appropriated, the fund may be withdrawn
from the project which does not need it and may be applied to pay
contributions to the cost of the improvements considered to be a
benefit to the contributor but to be constructed by another
agency or jointly by the contributor and another agency.
(b) The board of the contributing political subdivision may
contract for contributions and contribute from an unappropriated
or available fund without submitting the contract and
contributions to a vote of the electors of the contributor.
However, the contributions shall not be made if they impair the
ability of the contributor to meet any outstanding obligation or
to adequately and economically discharge the contributor's duty
to its electorate or constituency.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.168. LIABILITY ON CONTRACTS OF ACQUIRED IRRIGATION
SYSTEM. If a district acquires an established irrigation system
which has contracted to supply water to others and the holders of
the contracts or the lands entitled to service of water are not
within the district, the contracts and duties shall be performed
by the district in the same manner and to the same extent that
any other purchaser of the system would be bound.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.170. COVENANTS AND AGREEMENTS INCLUDED IN LEASE. (a)
The lease shall expressly state that the sums payable under the
terms of the lease and the lease itself shall not constitute an
indebtedness or pledge of the general credit of the district
within the meaning of any constitutional or statutory limitation
of indebtedness. The lease shall contain a statement that
payments due under it are not payable from any funds raised or to
be raised by taxation.
(b) The lease may contain covenants and agreements which are not
inconsistent with the provisions of this code which authorize the
lease for:
(1) the management and operation of the leased properties;
(2) the imposition and collection of charges for water;
(3) the disposition of the proceeds of charges;
(4) the insurance, protection, and maintenance of the leased
properties;
(5) the creation of other obligations payable from the revenues
derived from the operation of the leased properties;
(6) the keeping of books and records by the district; and
(7) other pertinent provisions which the board considers
desirable to assure the payment of amounts due under the lease.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.171. REVENUE FOR PAYMENT OF LEASE RENTAL. (a) All
money due the lessor under the lease shall be payable solely from
the revenue derived by the district from the sale of water
supplied through the leased system.
(b) The board shall set and collect charges for the water
supplied through the leased properties to produce sufficient
revenue at all times to allow for delinquencies and to pay
promptly all rental payments becoming due under the terms of the
lease. The board may agree to deposit this money in a separate
fund as a first charge on the gross revenue received each year
from sales of water, and which shall not be used for any other
purpose.
(c) The board may agree in the lease to pay all expenses of
operating and maintaining the leased properties from the fund
provided by the board each year for the maintenance and operation
expenses of the district so that the gross revenue from sale of
water will be available exclusively for payment of rentals until
the amount required for rentals each year is paid into the
separate rental fund.
(d) If the board includes this agreement in the lease, the board
shall provide for the payment of sums into the maintenance fund
from sources other than the remaining portions of the gross
revenue from the sale of water not required to pay rentals which
are sufficient each year to pay all expenses of operating the
district and maintaining and operating its properties and
facilities, including the leased properties.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.172. RECEIVER FOR LEASED IRRIGATION SYSTEM. (a) If the
district defaults in the payments due under a lease, the lessor
may petition a court of competent jurisdiction to appoint a
receiver for the leased properties.
(b) The receiver shall operate the properties and collect and
distribute the revenue according to the terms of the lease and
the direction of the court.
(c) The receiver has the same rights and powers as the board in
its operation of the leased properties.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.173. JOINT LEASE BY TWO OR MORE DISTRICTS. The boards
of two or more districts may adopt resolutions to enter into a
joint lease under the provisions of Section 58.169 of this code.
The joint lease shall specify clearly the respective rights and
liabilities of the districts and shall be subject to all the
provisions of Sections 58.169 and 58.172 of this code.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.174. AUTHORITY TO ACQUIRE IRRIGATION SYSTEM SUBJECT TO
MORTGAGE. A district may acquire by gift, grant, or purchase any
part of an irrigation system serving the district which is
subject to a mortgage or encumbrance. The mortgage or
encumbrances shall not be assumed by the district and shall not
be an indebtedness of the district but shall constitute solely a
charge on the encumbered property and the revenue from it.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.175. REVENUE FOR PAYMENT OF MORTGAGE. (a) The board
may determine conclusively by resolution whether the mortgage or
encumbrance represents all or part of the cost of the acquired
property and constitutes a purchase money lien on the property.
(b) The board may contract to use and pledge its revenue derived
solely from the sale of water and services supplied through the
acquired properties for the payment of a purchase money lien.
(c) The board also may use revenue from taxation or from the
issuance and sale of bonds to pay all or part of the amount due
under the encumbrance if a majority of the electors of the
district voting at an election on this proposition approve its
use.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.176. ELECTION TO APPROVE REVENUE FOR PAYMENT OF
MORTGAGE. (a) If tax and bond revenue is pledged to pay amount
due under the encumbrance, the district must hold an election and
receive the approval of the electors.
(b) An election to approve the use of tax and bond revenue shall
be held in the same manner and with the same voters'
qualifications as provided for elections on the issuance of the
bonds of the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.177. JOINT ACQUISITION OF MORTGAGED SYSTEM BY TWO OR
MORE DISTRICTS. (a) Two or more districts jointly may acquire
by gift, grant, or purchase any part of an irrigation system
serving the districts subject to a mortgage or encumbrances in
the same manner that a single district may acquire the system.
(b) In the proceedings authorizing the acquisition, the boards
of the respective districts shall define clearly the respective
rights, interest, and liability of the districts in the acquired
property and in the mortgage or encumbrance.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.178. AUTHORITY TO LEASE FACILITIES TO WATER CUSTOMERS.
(a) A district may lease to any person, firm, or corporation
which is a bona fide water customer of the district any of its
facilities and may also lease any of the district's land which is
appropriate to the utilization of the leased facilities,
including, but not limited to land acquired by eminent domain.
(b) The board and the lessee shall agree on the form of the
lease and its terms, conditions, provisions, and stipulations:
however, the duration of the lease shall not be longer than the
duration of the water contract between the district and the
lessee under the primary term of the water contract and any
renewal or extension of it.
(c) After a lease to a water customer is authorized by the
board, the lease shall be executed by the president or
vice-president of the board and attested by the secretary. The
lease is valid and effective without any other requirement or
prerequisite by the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.180. AMENDMENTS TO WATER RIGHTS. The board may apply to
the commission to amend its water rights as provided by Section
11.122 of this code and the rules of the commission.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977. Amended by Acts 1981, 67th Leg., p. 961, ch. 367,
Sec. 1, eff. June 10, 1981.
Sec. 58.181. SUIT TO PROTECT WATER RIGHTS. The board may
institute and maintain any suit or suits to protect the water
supply or other rights of the district, to prevent any unlawful
interference with the water supply or other rights of the
district, or to prevent a diversion of its water supply by
others.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.182. TRANSFER OF WATER RIGHT. If there is land in a
district which has a water right from a source of supply acquired
by the district but the land is difficult or impracticable to
irrigate from that source of supply, the district may allow
transfer of the water right to other land which is adjacent to
the district. The adjacent land may be admitted to the district
with the same right of water service as the land from which the
water was transferred.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.183. SELLING WATERPOWER PRIVILEGES. (a) The district
may enter into a contract to sell waterpower privileges if power
can be generated from water flowing from the district's
reservoirs within its canal system.
(b) The sale of waterpower privileges may not interfere with the
district's obligation to furnish an adequate supply of water for
the purpose for which the district was organized and for
municipal purposes in districts that furnish water for municipal
purposes.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.184. SELLING SURPLUS WATER. The district may sell any
surplus district water for use in irrigation or for domestic or
commercial uses to any person who owns or uses land in the
vicinity of the district or to other districts which include land
in the same vicinity.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.185. PUMPING WATER TO ANOTHER DISTRICT. If the board
considers it advisable, it may contract to pump for or supply
another district any water in which the other district has a
right. The board shall provide the terms of the contract.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
Sec. 58.186. OBTAINING TOPOGRAPHIC MAPS AND DATA. The Texas
Water Development Board shall furnish to a district topographic
maps and data concerning projects undertaken by the district.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977. Amended by Acts 1981, 67th Leg., p. 961, ch. 367,
Sec. 1, eff. June 10, 1981; Acts 1987, 70th Leg., ch. 977, Sec.
34, eff. June 19, 1987.
Sec. 58.190. SALE OF PROPERTY NOT ACQUIRED TO CARRY OUT THE
PLANS OF THE DISTRICT. The board may sell property bid in by it
at any sale under foreclosure of its tax lien or of its lien for
charges or assessments, or any property acquired by it other than
for the purpose of carrying out the plans of the district,
without formally determining that the property is not required to
carry out the plans of the district, without giving notice of the
intent of the district to sell the property, and without applying
the proceeds of the sale as provided in Sections 58.188 and
58.189 of this code.
Added by Acts 1977, 65th Leg., p. 1537, ch. 627, Sec. 1, eff.
Aug. 29, 1977.
SUBCHAPTER E. ELECTION PROVISIONS
Sec. 58.221. LANDOWNER. In this subchapter, a reference to
"landowner" refers to a single landowner who is the owner of
record of fee simple title to a parcel of land located within the
boundaries of a district, regardless of whether the title to the
parcel of land is held by:
(1) an individual landowner;
(2) two or more individual landowners; or
(3) a corporation, partnership, or other business entity.
Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1,
2001.
Sec. 58.222. ELIGIBILITY TO VOTE. Notwithstanding the Election
Code and any other law, a landowner or the landowner's registered
representative under this subchapter is entitled to one vote in
an election conducted by a district only if the landowner:
(1) owns at least one acre of irrigable land located within the
district's boundaries that is subject to an assessment for
maintenance and operating expenses under Sections 58.305(a) and
(b);
(2) is entitled to receive and use irrigation water delivered by
the district through the district's irrigation facilities; and
(3) satisfies all other requirements for voting prescribed by
this subchapter.
Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1,
2001.
Sec. 58.223. ELIGIBILITY REQUIREMENTS. An individual landowner,
or the landowner's registered representative, is eligible to vote
only if the individual:
(1) is 18 years of age or older;
(2) is a United States citizen;
(3) has not been determined mentally incompetent by a final
judgment of a court;
(4) has not been finally convicted of a felony or, if so
convicted, has:
(A) fully discharged the individual's sentence, including any
term of incarceration, parole, or supervision, or completed a
period of probation ordered by any court; or
(B) been pardoned or otherwise released from the resulting
disability to vote; and
(5) is included on the list of qualified voters prepared under
Section 58.224(d).
Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1,
2001.
Sec. 58.224. REGISTRATION REQUIRED. (a) A landowner who elects
to designate a representative to vote on behalf of the landowner
must register the representative to vote on a form prescribed by
the district.
(b) The form must be received by the district on or before the
20th day before the date of the election.
(c) The registration is valid for a period prescribed by the
district.
(d) The district shall prepare a list of qualified voters as
shown by the district's records as of the 60th day before the
date of a district election. On or before the 40th day before the
date of an election, the district shall:
(1) file the list with the county clerk of each county within
which the district's boundaries are located;
(2) post the list in the district's office; and
(3) post the list at each county courthouse in each county
within which the district's boundaries are located.
(e) Only an individual landowner or a registered representative
of a landowner whose name appears on the list of qualified voters
is eligible to vote in a district election.
Added by Acts 2001, 77th Leg., ch. 107, Sec. 1, eff. Sept. 1,
2001.
Sec. 58.225. VOTING BY REPRESENTATIVE. (a) A landowner may
authorize an individual to vote in a district election as the
landowner's representative as provided by this subchapter.
(b) If ownership of the land